From 1 July 2026, employers conducting criminal record checks in Vietnam should be aware of important changes introduced under Vietnam’s amended Law on Judicial Records (Law No. 107/2025/QH15). According to the Vietnam Government Portal, the legislation introduces a modernised framework for managing judicial record information and changes the types of criminal record documentation employers may request during employment screening.
For HR Directors, Talent Acquisition Leaders, and Compliance Managers across the Asia-Pacific region, understanding these adjustments is vital to maintaining robust talent onboarding workflows. If your organisation relies on background checks to vet local or international candidates, adapting your processes to match this new regulatory landscape is essential to supporting hiring decisions.
What Has Changed Under Vietnam’s Amended Law on Judicial Records?
Passed as Law No. 107/2025/QH15, the amended legislation establishes an updated framework to modernise the management of judicial record information and align with Vietnam’s evolving personal data protection framework.
Shifts in Governing Authority and Minimum Age
A central operational change under the new law transfers responsibility for judicial record management to the Ministry of Public Security, creating a more centralised framework for administering judicial records while introducing clearer boundaries around access to sensitive information. As detailed by LuatVietnam, the amended legislation also introduces a minimum age requirement, allowing only Vietnamese citizens and foreign residents aged 16 years or older to apply for their own Judicial Record Card.
For businesses executing Vietnam background checks, this structural shift redefines the exact type of documentation employers can legally request during the hiring process.
Why Employers Can No Longer Request Judicial Record Card No. 2
Historically, many organisations operating in Vietnam requested Judicial Record Card No. 2 for comprehensive Vietnam employment screening. Because Card No. 2 lists an individual’s entire criminal history, including expunged records, it was frequently treated as the standard for background verification.
Tighter Data Restrictions on Sensitive Criminal Records
From 1 July 2026, employers should no longer request Judicial Record Card No. 2 from individuals for employment screening purposes. Under the amended Vietnam Judicial Records Law, the full Vietnamese text of which is hosted by Thư viện Pháp luật, Judicial Record Card No. 2 is explicitly classified as sensitive personal data. The updated legislation strictly prohibits organisations and corporate entities from requesting Card No. 2 from individuals for employment purposes. Instead, the issuance of Card No. 2 is strictly reserved for judicial authorities, law enforcement agencies, and specific state bodies conducting official legal proceedings.
The amended legislation also makes clear that organisations requesting criminal record information should have an appropriate legal basis for doing so. Criminal record information may only be requested where permitted under applicable laws or regulations, including circumstances where legislation specifically authorises its use for recruitment, licensing, practising certificates, or positions related to public safety, national security, the protection of vulnerable groups, or other lawful purposes.
Employers and background screening providers should rely on Judicial Record Card No. 1 for employment screening purposes where the screening is justified by the employer based on the nature and sensitivity of the role and conducted in accordance with the amended legislation. Card No. 1 provides a summary of an individual’s criminal record status and indicates whether they have any unspent convictions, making it appropriate for employment screening purposes under the amended legislation.
What Employers Should Do From 1 July 2026
To prevent operational friction and help manage compliance requirements when processing criminal record checks in Vietnam, organisations should review their talent acquisition policies ahead of the deadline. Consider taking the following steps to adjust your internal workflows:
- Update Employment Screening Procedures: Update your standard vetting packages so they request only Judicial Record Card No. 1 for local roles.
- Review Candidate Consent Forms: Audit your background check disclosures, privacy notices, and digital consent workflows to remove any operational references to Card No. 2.
- Align Internal Hiring Guidance: Educate your regional talent acquisition teams, hiring managers, and legal operations personnel on the distinction between the cards, ensuring no localised onboarding checklists ask for prohibited documentation.
- Audit Vendor Instructions: Review any instructions provided to background screening partners and suppliers to reflect the amended legislation.
How First Advantage Is Supporting Customers
First Advantage is updating its Vietnam criminal record screening processes to align with the amended Law on Judicial Records (Law No. 107/2025/QH15). From 1 July 2026, First Advantage will accept only Judicial Record Card No. 1 for Vietnam criminal record checks. Existing customer workflows and in-flight screening cases will be managed as part of the transition.
Customers do not need to take any immediate action; our screening processes and operational workflows are being updated to align with the new legislative requirements and help support customers in managing their employment screening programmes.
By updating our screening processes in line with the amended legislation, we continue to help support customers in making informed hiring decisions across the Asia-Pacific region.
Key Takeaways
- Effective Date: Vietnam’s amended Law on Judicial Records (Law No. 107/2025/QH15) takes effect on 1 July 2026.
- Card Restriction: Judicial Record Card No. 2 can no longer be requested from individuals or candidates for employment background screening.
- The New Standard: Organisations should request only Judicial Record Card No. 1 for ongoing Vietnam hiring compliance.
- Action Required: Businesses should review internal hiring procedures, vendor protocols, and candidate consent documentation to remove references to Card No. 2.
- First Advantage Support: First Advantage will manage the transition to help support customers and align screening processes with the amended legislation.
Contact First Advantage
Learn how First Advantage’s Employment Background Screening solutions can help support your hiring and compliance objectives in Vietnam and across the Asia-Pacific region. You can also explore our Global Background Screening solutions to support cross-border hiring programmes.
Sources:
LuatVietnam – English translation and summary of Law No. 107/2025/QH15 | Vietnam Government Portal – Official publication of Law No. 107/2025/QH15 | Thư viện Pháp luật – Full Vietnamese text of Law No. 107/2025/QH15
